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While there is no specific timeline, a person with possession of the will must file it after learning of the person's death. By filing the will promptly, you can begin the probate process as soon as possible.
Present the affidavit to a third party that possesses the property of the deceased, such as a bank or company, in order to gather and distribute it to each named successor. This does not have to be filed in court.
If there is no real estate to transfer and the sum of the deceased assets is $50,000 or less, an eligible person can use a small estate affidavit, rather than going through probate. Iowa Code 633.356 establishes the requirements for a small estate affidavit.
Opening an estate is not required for every deceased person, but it may be necessary to transfer property, pay debts, and obtain tax clearances. Estate and probate matters can be complicated. You should talk to an attorney.
If you die without a will in Iowa, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent (See the table above.)
A lawyer can design a will and estate plan that will save your heirs time and money later. If your estate does not exceed a certain value (currently $25,000.00) and consists solely of personal property, a probate proceeding may not be required and the estate can be transferred with an affidavit.
Is Probate Required in Iowa? Most inheritance cases in Iowa will require probate. However, there are a few exceptions, such as having an estate with a value of less than $25,000 that only includes personal property.
A small estate could comprise of assets worth less than around £10,000. This would mean they wouldn't own their house and any assets they do have would be items left after passing.